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ALLIED REALTY, LTD. v. BOROUGH OF UPPER SADDLE RIVER

221 N.J. Super. 407 (1987)

534 A.2d 1019

ALLIED REALTY, LTD., PLAINTIFF-APPELLANT, v. BOROUGH OF UPPER SADDLE RIVER AND THE PLANNING BOARD OF THE BOROUGH OF UPPER SADDLE RIVER, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided November 30, 1987.

Attorney(s) appearing for the Case

Barry J. Cohen argued the cause for appellant (Amster & Rosensweig, attorneys; Barry J. Cohen, on the brief).

Richard C. McDonnell argued the cause for respondents (McDonnell & Whitaker, attorneys; Richard C. McDonnell, on the brief).

Before Judges DREIER and BAIME.

The opinion of the court was delivered by BAIME, J.A.D.

Plaintiff Allied Realty, Ltd. (Allied) appeals from a judgment of the Superior Court, Law Division, sustaining the action of defendant Upper Saddle River Planning Board (Board) denying its application for minor subdivision approval.1 The trial judge upheld the Board's determination that Allied's application was barred by the doctrine of res judicata and collateral estoppel...

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